ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JULY 5, 2012
“Slip opinions” are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA1119
Court of Appeals No. 09CA2396
City and County of Denver District Court No. 07CR10332
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hysear Don Randell,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Graham and Furman, JJ., concur
Court of Appeals No. 09CA2629
Mesa County District Court No. 08CR1635
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Crecenciano Munoz-Casteneda,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur
Court of Appeals No. 10CA2382
Arapahoe County District Court No. 10CV798
Honorable Christopher C. Cross, Judge
Tom Francen,
Petitioner-Appellee,
v.
Colorado Department of Revenue, Division of Motor Vehicles,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE J. JONES
Russel, J., concurs
Taubman, J., dissents
Court of Appeals No. 11CA0950
Weld County District Court No. 10CR1771
Honorable Todd Taylor, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Alexander Kovacs,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
Court of Appeals No. 11CA1019
Weld County District Court No. 10CV1079
Honorable Dinsmore Tuttle, Judge
Alexa Rae Loveland, a minor, by and through her parents and next friends, Randy Loveland and Mary Nicole Loveland; Randy Loveland, individually; and Mary Nicole Loveland, individually,
Plaintiffs-Appellants,
v.
St. Vrain Valley School District RE-1J and Cathy O’Donnell,
Defendants-Appellees.
ORDER Affirmed IN PART, REVERSED IN PART,
and case remanded with directionS
Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur
Court of Appeals No. 11CA1041
Adams County District Court No. 10CV1611
Honorable Edward C. Moss, Judge
Jimmie Louise Gray, individually and as Personal Representative of the Estate of Charles Gray; Teresa Leeper; David Gray; and Tim Gray,
Plaintiffs-Appellants,
v.
University of Colorado Hospital Authority, a body corporate and political subdivision of the State of Colorado; University of Colorado Hospital; Mark Spitz, M.D.; Archana Shrestha, M.D.; Christy Barbee-Young, M.D.; Mollie Startzer, R.N.; Beverly Solas-Fajardo, C.N.A.; Jason Booe; Jacqueline Funk; and John Doe and Jane Doe,
Defendants-Appellees.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Román, J., concurs
Gabriel, J., specially concurs
Court of Appeals No. 11CA1136
Douglas County District Court No. 07CV1417
Honorable Paul A. King, Judge
Brandon McLaughlin; Michael McLaughlin; and Selina McLaughlin,
Plaintiffs-Appellees,
v.
Christopher Oxley; Ricardo Sison; and Ability Specialists, Inc.,
Defendants-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
Court of Appeals No. 11CA1251
Arapahoe County District Court No. 09CV1855
Honorable Charles M. Pratt, Judge
Adam Robert Vanderpool,
Plaintiff-Appellant,
v.
Jeremy Rhys Loftness,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA1326
Arapahoe County District Court No. 06CR646
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Hill,
Defendant-Appellant.
Order affirmed and case
remanded with directions
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0512
Arapahoe County District Court No. 07CR2460
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Jerome Pint,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2580
El Paso County District Court No. 99CR147
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Blanch Cleveland Hodge,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Carparelli and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0036
Weld County District Court No. 08CR2379
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Trinidad Anthony Ramos,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0098
El Paso County District Court No. 02CR3477
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marlon Laja Smith,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0280
Boulder County District Court No. 08DR1488
Honorable James C. Klein, Judge
In re the Marriage of
Curtiss W. Wright,
Appellant,
and
Kelli Wright, n/k/a Kelli Scharfenberg,
Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0475
El Paso County District Court No. 09CR2388
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Sims, Jr.,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0536
El Paso County District Court No. 08CR5107
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Antonio Espinosa,
Defendant-Appellant.
JUDGMENTS AND SENTENCES REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 10CA1733
Weld County District Court No. 08CR2346
Honorable Thomas J. Quammen, Judge
Honorable William L. West, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Martin Perez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE RUSSEL
J. Jones and Kapelke*, JJ., concur
Court of Appeals No. 10CA2132
Fremont County District Court No. 08CR163
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Hurtado Marquez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Fox and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2133
Fremont County District Court Nos. 08CR265 & 08CR266
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Hurtado Marquez,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Fox and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2339
Arapahoe County District Court No. 00CR1449
Honorable Robert H. Russell, II, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Billie Don Williams,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2458
Boulder County District Court No. 07CR1890
Honorable M. Gwyneth Whalen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Cardillo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0598
City and County of Denver District Court No. 05DR3032
Honorable Herbert L. Stern, III, Judge
In re the Marriage of
Luz Maria S. Jimenez,
Appellee,
and
Francisco X. De Leon,
Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE RUSSEL
J. Jones and Vogt*, JJ., concur
Court of Appeals No. 11CA0917
Eagle County District Court No. 04CV565
Honorable R. Thomas Moorhead, Judge
Debbie Bonidy,
Plaintiff-Appellee,
v.
Vail Valley Center for Aesthetic Dentistry, P.C., and James J. Harding, DDS,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0997
Chaffee County District Court No. 10CV145
Honorable Charles M. Barton, Judge
Michael D. Barry,
Plaintiff-Appellant,
v.
Colorado Department of Corrections Employees at the Buena Vista Correctional Facility,
Defendants-Appellees.
Order Affirmed
Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1152
Mesa County District Court No. 10DR236
Honorable Brian J. Flynn, Judge
In re the Marriage of
Alina Toczek,
Appellee,
and
Rocky Castillo,
Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1698
Fremont County District Court No. 11CV75
Honorable Stephen A. Groome, Judge
John H. James,
Plaintiff-Appellant,
v.
Colorado Department of Corrections; Cynthia A. Smith, Law Library Official; and Susan Jones, Warden of the Centennial Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1720
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-791-626
Terrie Green,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Colorow Health Care Center, LLC; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1821
Jefferson County District Court No. 11CV1580
Honorable Christie B. Phillips, Judge
Omar Duwaik,
Plaintiff-Appellant,
v.
JPMorgan Chase Bank, NA,
Defendant-Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2326
El Paso County District Court No. 05CR1757
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marcus Abramo Fontana,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE STERNBERG*
Russel and Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0134
Industrial Claim Appeals Office of the State of Colorado
DD No. 17571-2011
Pipeline Contractors, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Division of Employment and Training,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0236
Industrial Claim Appeals Office of the State of Colorado
DD No. 20665-2011
Electronic Payment Systems, LLC,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Scott A. Kannenberg,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0607
Weld County District Court No. 11JV236
Honorable Marcelo A. Kopkow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.D., a Child,
and Concerning R.D. and M.C.K.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
P E T I T I O N S F O R R E H E A R I N G
Court of Appeals No. 08CA2632
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Charles Wells,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1468
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Richard Lawrence,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1970
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leonard Baker,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.